"Several of us lawyers," remarked one of his colleagues, "in the eastern end of the circuit annoyed Lincoln once while he was holding court for Davis by attempting to defend against a note to which there were many makers. We had no legal, but a good moral defense, but what we wanted most of all was to stave it off till the next term of court by one expedient or another. We bothered "the court" about it till late on Saturday, the day of adjournment. He adjourned for supper with nothing left but this case to dispose of. After supper he heard our twaddle for nearly an hour, and then made this odd entry: 'L. D. Chaddon vs. J. D. Beasley et al. April Term, 1856. Champaign County Court. Plea in abatement by B. Z. Green, a defendant not served, filed Saturday at 11 o'clock A. M., April 24, 1856, stricken from the files by order of court. Demurrer to declaration, if there ever was one, overruled. Defendants who are served now, at 8 o'clock, P. M., of the last day of the term, ask to plead to the merits, which is denied by the court on the ground that the offer comes too late, and therefore, as by nil dicet, judgment is rendered for Pl'ff. Clerk assess damages. A. Lincoln, Judge pro tem."' The lawyer who reads this singular entry will appreciate its oddity if no one else does. After making it one of the lawyers, on recovering his astonishment, ventured to enquire, "Well, Lincoln, how can we get this case up again?" Lincoln eyed him quizzically a moment, and then answered, "You have all been so 'mighty smart about this case you can find out how to take it up again yourselves."*
* "During my first attendance at court in Menard County," relates a lawyer who travelled the circuit with Lincoln, "some thirty young men had been indicted for playing cards, and Lincoln and I were employed in their defense. The prosecuting attorney, in framing the indictments, alternately charged the defendants with playing a certain game of cards called 'seven-up,' and in the next bill charged them with playing cards at a certain game called 'old sledge.' Four defendants were indicted in each bill. The prosecutor, being entirely unacquainted with games at cards, did not know the fact that both 'seven-up' and 'old sledge' were one and the same. Upon the trial on the bills describing the game as 'seven-up' our witnesses would swear that the game played was 'old sledge,' and vice versa on the bills alleging the latter. The result was an acquittal in every case under the instructions of the Court. The prosecutor never found out the dodge until the trials were over, and immense fun and rejoicing were indulged in at the result."
The same gentleman who furnishes this last incident, and who was afterward a trusted friend of Mr. Lincoln, Henry C. Whitney, has described most happily the delights of a life on the circuit. A bit of it, referring to Lincoln, I apprehend, cannot be deemed out of place here. "In October, 1854, Abraham Lincoln," he relates, "drove into our town (Urbana) to attend court. He had the appearance of a rough, intelligent farmer, and his rude, homemade buggy and raw-boned horse enforced this belief. I had met him for the first time in June of the same year. David Davis and Leonard Swett had just preceded him. The next morning he started North, on the Illinois Central Railroad, and as he went in an old omnibus he played on a boy's harp all the way to the depot. I used to attend the Danville court, and while there, usually roomed with Lincoln and Davis. We stopped at McCormick's hotel, an old-fashioned frame country tavern. Jurors, counsel, prisoners, everybody ate at a long table. The judge, Lincoln, and I had the ladies' parlor fitted up with two beds. Lincoln, Swett, McWilliams, of Bloomington, Voorhees, of Covington, Ind., O. L. Davis, Drake, Ward Lamon, Lawrence, Beckwith, and O. F. Harmon, of Danville, Whiteman, of Iroquois County, and Chandler, of Williamsport, Ind., constituted the bar. Lincoln, Davis, Swett, I, and others who came from the western part of the state would drive from Urbana. The distance was thirty-six miles. We sang and exchanged stories all the way. We had no hesitation in stopping at a farm-house and ordering them to kill and cook a chicken for dinner. By dark we reached Danville. Lamon would have whiskey in his office for the drinking ones, and those who indulged in petty gambling would get by themselves and play till late in the night. Lincoln, Davis, and a few local wits would spend the evening in Davis's room, talking politics, wisdom, and fun. Lincoln and Swett were the great lawyers, and Lincoln always wanted Swett in jury cases. We who stopped at the hotel would all breakfast together and frequently go out into the woods and hold court. We were of more consequence than a court and bar is now. The feelings were those of great fraternity in the bar, and if we desired to restrict our circle it was no trouble for Davis to freeze out any disagreeable persons. Lincoln was fond of going all by himself to any little show or concert. I have known him to slip away and spend the entire evening at a little magic lantern show intended for children. A travelling concert company, calling themselves the 'Newhall Family,' were sure of drawing Lincoln. One of their number, Mrs. Hillis, a good singer, he used to tell us was the only woman who ever seemed to exhibit any liking for him. I attended a negro-minstrel show in Chicago, where we heard Dixie sung. It was entirely new, and pleased him greatly. In court he was irrepressible and apparently inexhaustible in his fund of stories. Where in the world a man who had travelled so little and struggled amid the restrictions of such limited surroundings could gather up such apt and unique yarns we never could guess. Davis appreciated Lincoln's talent in this direction, and was always ready to stop business to hear one of his stories. Lincoln was very bashful when in the presence of ladies. I remember once we were invited to take tea at a friend's house, and while in the parlor I was called to the front gate to see a client. When I returned, Lincoln, who had undertaken to entertain the ladies, was twisting and squirming in his chair, and as bashful as a schoolboy. Everywhere, though we met a hard crowd at every court, and though things were free and easy, we were treated with great respect." Probably the most important lawsuit Lincoln and I conducted was one in which we defended the Illinois Central Railroad in an action brought by McLean County, Illinois, in August, 1853, to recover taxes alleged to be due the county from the road. The Legislature had granted the road immunity from taxation, and this was a case intended to test the constitutionality of the law. The road sent a retainer fee of $250. In the lower court the case was decided in favor of the railroad. An appeal to the Supreme Court followed, and there it was argued twice, and finally decided in our favor. This last decision was rendered some time in 1855. Mr. Lincoln soon went to Chicago and presented our bill for legal services. We only asked for $2000 more. The official to whom he was referred,—supposed to have been the superintendent George B. McClellan who afterwards became the eminent general,—looking at the bill expressed great surprise. "Why, sir," he exclaimed, "this is as much as Daniel Webster himself would have charged. We cannot allow such a claim." Stung by the rebuff, Lincoln withdrew the bill, and started for home. On the way he stopped at Bloomington. There he met Grant Goodrich, Archibald Williams, Norman B. Judd, O. H. Browning, and other attorneys, who, on learning of his modest charge for such valuable services rendered the railroad, induced him to increase the demand to $5000, and to bring suit for that sum. This was done at once. On the trial six lawyers certified that the bill was reasonable, and judgment for that sum went by default. The judgment was promptly paid.
Lincoln gave me my half, and much as we deprecated the avarice of great corporations, we both thanked the Lord for letting the Illinois Central Railroad fall into our hands.
In the summer of 1857 Lincoln was employed by Mr. Manny, of Rockford, Ill., to defend him in an action brought by McCormick,* who was one of the inventors of the reaping machine, for infringement of patent. Lincoln had been recommended to Manny by E. B. Washburne, then a member of Congress from northern Illinois. The case was to be tried before Judge McLean at Cincinnati, in the Circuit Court of the United States. The counsel for McCormick was Reverdy Johnson. Edwin M. Stanton and George Harding, of Philadelphia, were associated on the other side with Lincoln. The latter came to Cincinnati a few days before the argument took place, and stopped at the house of a friend. "The case was one of great importance pecuniarily," relates a lawyer** in Cincinnati, who was a member of the bar at the time, "and in the law questions involved. Reverdy Johnson represented the plaintiff. Mr. Lincoln had prepared himself with the greatest care; his ambition was up to speak in the case and to measure swords with the renowned lawyer from Baltimore. It was understood between his client and himself before his coming that Mr. Harding, of Philadelphia, was to be associated with him in the case, and was to make the 'mechanical argument.'
* The case, McCormick vs. Manny, is reported in 6 McLean's Rep., P. 539. ** W. M. Dickson.
After reaching Cincinnati, Mr. Lincoln was a little surprised and annoyed to learn that his client had also associated with him Mr. Edwin M. Stanton, of Pittsburg, and a lawyer of our own bar, the reason assigned being that the importance of the case required a man of the experience and power of Mr. Stanton to meet Mr. Johnson. The Cincinnati lawyer was appointed for his 'local influence.' These reasons did not remove the slight conveyed in the employment without consultation with him of this additional counsel. He keenly felt it, but acquiesced. The trial of the case came on; the counsel for defense met each morning for consultation. On one of these occasions one of the counsel moved that only two of them should speak in the case. This matter was also acquiesced in. It had always been understood that Mr. Harding was to speak to explain the mechanism of the reapers. So this motion excluded either Mr. Lincoln or Mr. Stanton,—which? By the custom of the bar, as between counsel of equal standing, and in the absence of any action of the client, the original counsel speaks. By this rule Mr. Lincoln had precedence. Mr. Stanton suggested to Mr. Lincoln to make the speech. Mr. Lincoln answered, 'No, you speak.' Mr. Stanton replied, 'I will,' and taking up his hat, said he would go and make preparation. Mr. Lincoln acquiesced in this, but was greatly grieved and mortified; he took but little more interest in the case, though remaining until the conclusion of the trial. He seemed to be greatly depressed, and gave evidence of that tendency to melancholy which so marked his character. His parting on leaving the city cannot be forgotten. Cordially' shaking the hand of his hostess he said: 'You have made my stay here most agreeable, and I am a thousand times obliged to you; but in reply to your request for me to come again, I must say to you I never expect to be in Cincinnati again. I have nothing against the city, but things have so happened here as to make it undesirable for me ever to return.' Lincoln felt that Stanton had not only been very discourteous to him, but had purposely ignored him in the case, and that he had received rather rude, if not unkind, treatment from all hands. Stanton, in his brusque and abrupt way, it is said, described him as a 'long, lank creature from Illinois, wearing a dirty linen duster for a coat, on the back of which the perspiration had splotched wide stains that resembled a map of the continent. Mr. Lincoln," adds Mr. Dickson, "remained in Cincinnati about a week, moving freely around, yet not twenty men knew him personally or knew he was here; not a hundred would have known who he was had his name been given to them. He came with the fond hope of making fame in a forensic contest with Reverdy Johnson. He was pushed aside, humiliated and mortified. He attached to the innocent city the displeasure that filled his bosom, and shook its dust from his feet." On his return to Springfield he was somewhat reticent regarding the trial, and, contrary to his custom, communicated to his associates at the bar but few of its incidents. He told me that he had been "roughly handled by that man Stanton"; that he overheard the latter from an adjoining room, while the door was slightly ajar, referring to Lincoln, inquire of another, "Where did that long-armed creature come from, and what can he expect to do in this case?" During the trial Lincoln formed a poor opinion of Judge McLean. He characterized him as an "old granny," with considerable vigor of mind, but no perception at all. "If you were to point your finger at him," he put it, "and a darning needle at the same time he never would know which was the sharpest."
As Lincoln grew into public favor and achieved such marked success in the profession, half the bar of Springfield began to be envious of his growing popularity. I believe there is less jealousy and bitter feeling among lawyers than professional men of any other class; but it should be borne in mind that in that early day a portion of the bar in every county seat, if not a majority of the lawyers everywhere, were politicians. Stuart frequently differed from Lincoln on political questions, and was full of envy. Likewise those who coincided with Lincoln in his political views were disturbed in the same way. Even Logan was not wholly free from the degrading passion. But in this respect Lincoln suffered no more than other great characters who preceded him in the world's history.
That which Lincoln's adversaries in a lawsuit feared most of all was his apparent disregard of custom or professional propriety in managing a case before a jury. He brushed aside all rules, and very often resorted to some strange and strategic performance which invariably broke his opponent down or exercised some peculiar influence over the jury. Hence the other side in a case were in constant fear of one of his dramatic strokes, or trembled lest he should "ring in" some ingeniously planned interruption not on the programme. In a case where Judge Logan—always earnest and grave—opposed him, Lincoln created no little merriment by his reference to Logan's style of dress. He carried the surprise in store for the latter, till he reached his turn before the jury. Addressing them, he said: "Gentlemen, you must be careful and not permit yourselves to be overcome by the eloquence of counsel for the defense. Judge Logan, I know, is an effective lawyer. I have met him too often to doubt that; but shrewd and careful though he be, still he is sometimes wrong. Since this trial has begun I have discovered that, with all his caution and fastidiousness, he hasn't knowledge enough to put his shirt on right." Logan turned red as crimson, but sure enough, Lincoln was correct, for the former had donned a new shirt, and by mistake had drawn it over his head with the pleated bosom behind. The general laugh which followed destroyed the effect of Logan's eloquence over the jury—the very point at which Lincoln aimed.
The trial of William Armstrong* for the murder of James P. Metzger, in May, 1858, at Beardstown, Illinois, in which Lincoln secured the acquittal of the defendant, was one of the gratifying triumphs in his career as a lawyer.